Vrinda Gaur*   Introduction The Arbitration and Conciliation Act, 1996 (Act) was implemented with a foundational aim to transgress the normative court-facilitated resolution of disputes owing to the overburdened dockets of the benches and the overarching issue of adjournments sought either by the parties or granted by the courts. Through an adjudication by a mutually agreed group of experts, parties were bestowed with the privilege to settle their claims through a collaborative approach with a restricted role of the courts. However, the emergence of ambiguities and inefficiencies within ..read more

Abhinaya Ranganathan[1] & Akshita Grover[2]   An arbitration agreement is a creation of a contract and is thus governed by the Arbitration & Conciliation Act, 1996(‘ACA’), The Indian Contract Act, 1872 and The Indian Stamp Act, 1899 (‘Stamp Act’). The Stamp Act provides that an unstamped instrument cannot be acted upon unless duly stamped. As a deviation from this, ACA provides for the validity of an arbitration agreement and does not mandate complying with the provisions of the Stamp Act.   Due to this jigsaw of the legislations, there have been a series of cases which have ..read more

* Sarthak Srivastava   INTRODUCTION   Emergency arbitration is a concept in India that allows parties involved in a dispute to seek urgent interim relief from an arbitral tribunal before the commencement of formal arbitration proceedings. It provides a mechanism for parties to preserve their rights and interests, particularly in situations where time is of the essence. In India, emergency arbitration is governed by the Arbitration and Conciliation Act, of 1996. Though, the Act does not expressly provide for Emergency Arbitration, it was contemplated that it would be introduced in the ..read more

Yash Tiwari & Ayush Bajpai[1] Introduction The efficacy of any business contract is contingent on the assumption, that any of the parties breaching the contract shall be held liable in law for the breach, and it shall be within the powers of the aggrieved party to claim the damages for the same, otherwise, the whole objective of the business contract will become redundant. With the arising uncertainties in the contemporary business world and to eliminate the probability of protracted legislation, the contracts contain the clause for liquidated damages. Although in both the scenarios of liq ..read more

Anubhav Patidar[1] and Sarthika Singhal [2] Introduction A seven-judge Constitutional Bench of Hon’ble Supreme Court in its recent judgment in Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (‘Re: Interplay’), settled the debate surrounding unstamped arbitration agreements to hold that, notwithstanding that the underlying contract is unstamped, arbitration agreements would not be rendered void or void ab initio or unenforceable. However, unstamped or inadequately stamped agreements would not be admissible in evidence un ..read more

This article was originally published on the HNLU CCLS Blog on November 23, 2023 (find here). Aarya Parihar* The role of a lawyer is extremely crucial in an arbitration proceeding. The right to effective legal representation of one’s own choice is specifically recognized in various international instruments, like Article 14 of International Covenant on Civil and Political Rights and Article 6 European Convention on Human Rights. Such a right is equally important in investor-State arbitration proceedings, where it may form part of the due process expectations of the parties to the proceedings w ..read more

Digvijay Khatai[1] and Jibisa Janvi Behera[2]   ,,I. Introduction On 6th December 2023, the Supreme Court bench comprising Chief Justice of India D.Y. Chandrachud, Justice Hrishikesh Roy, Justice J.B. Pardiwala, Justice Manoj Misra and the concurring judgment of Justice PS Narasimha, retained the ‘group of companies’ doctrine in the Indian Jurisprudence. The ruling was pronounced in the appellate decision of Cox and Kings Ltd v. SAP India Pvt Ltd and Anr. (“Cox and Kings II”).   Recognized internationally, the theory holds that a non-signatory may be bound by the terms of a ..read more

Kushagra Tolambia I. Introduction The interpretation of unstamped arbitration agreements has been a contentious issue before various Courts worldwide. The Indian Supreme Court, for instance, has faced numerous cases dealing with the enforceability of arbitration clauses within unstamped contracts. Historically, the Court's stance leaned towards upholding the validity of arbitration agreements, even in unstamped contracts, if the agreement itself could be treated independently from the underlying contract. The Indian Arbitration and Conciliation Act, 1996, was enacted to align with interna ..read more

Yuvraj Sharma* Introduction   In recent years, an increasing number of U.S. courts have been involved in cases dealing that revolve around the interpretation and application of 28 USC §1782. This has made section 1782 more popular among foreign parties involved in legal or arbitration proceedings outside the United States who want to leverage the broad discovery procedures available in the U.S. However, the language of the statute has generated significant debate about its applicability. The central question revolves around whether it can be used in private commercial arbitrations and whe ..read more

- Harsh Mahaseth and Anvita Sharma[i] India's remarkable ascent as a key player in the global economy continues, characterized by a surge in investments both within and beyond its borders. This economic dynamism has given rise to an escalating demand within the international business community for a reliable and definitive method to address disputes related to India. Faced with a significant backlog of cases and time constraints, courts are increasingly open to exploring alternative dispute resolution methods. Data indicates that as of September 2023, a staggering 80,344 cases were pendin ..read more